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Age discrimination, a recent tribunal ruling.

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The remedy hearing for this case took place in March 2022. A key takeaway is the sheer financial costs arising out of this case, providing a stark reminder that there is no statutory cap on discrimination compensation awards.

The claimant, a butcher in a village shop, has been awarded more than £120,000 after he was replaced by a younger man. The claimant aged 67, was ruled to have suffered age discrimination when his employer brought in a younger butcher after he went on temporary sick leave.

The tribunal found that the reason for dismissal was retirement and linked to the claimant’s age. The remedy hearing awarded the claimant a total of £121,462. The breakdown of this includes a basic award for unfair dismissal of more than £11,000; more than £19,000 for injury to feelings; a compensatory award for loss of earnings of around £48,000; along with a compensation uplift of 25 per cent due to not following Acas guidelines of more than £11,000.

Despite the legal protections offered by the Equality Act 2010, the evidence shows that age discrimination remains a significant challenge for employers. So, if in doubt seek professional guidance.

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